Background
The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and software in hiring and employment practices may risk violating the Americans with Disabilities Act (ADA). See EEOC Technical Assistance Document, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” EEOC-NVTA-2022-2 (May 12, 2022) (available here).